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Elmhurst SD 205 board votes to enter closed session to discuss probable litigation
Summary
The Elmhurst SD 205 Board of Education voted 5-0 to enter closed session citing statute “5 ILCS 1 22 c 11” to discuss litigation that is pending or probable; the chair said the board would not reconvene to take action after closed session.
The Elmhurst SD 205 Board of Education voted 5-0 on March 10 to move into closed session to discuss litigation matters the board said were pending or probable.
Before the closed-session motion, the chair told the board it would not return to open session to take action on whatever was discussed. A board member moved that the board enter closed session “to discuss a litigation when an action against affecting or on behalf of the particular public body has been filed and is pending before court or administrative tribunal or when the public body finds that an action is probable or imminent,” citing the transcript text “5 ILCS 1 22 c 11.” The chair seconded the motion as recorded in the meeting.
The chair called the roll for the motion and announced the vote as 5 ayes, 0 nays, with 2 absent. Following the vote, the board moved into closed session.
Why it matters: Closed sessions are allowed under state law for certain confidential matters, including litigation strategy. The board indicated the discussion concerned litigation that is either pending or likely, but provided no additional details in open session about the subject, parties, or anticipated outcomes.
What happens next: The board entered closed session; the chair stated explicitly that the board would not reconvene in open session to take action on the matter discussed. No further public details were disclosed at the meeting.
